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SOUTHERN RAILWAY COMPANY v. UNITED STATES

Civ. A. No. 1253.

153 F.Supp. 57 (1957)

SOUTHERN RAILWAY COMPANY et al., Plaintiffs, v. The UNITED STATES of America et al., Defendants.

United States District Court W. D. North Carolina, at Charlotte.

July 8, 1957.

Attorney(s) appearing for the Case

John M. Robinson, Charlotte, N. C., W. T. Joyner, Raleigh, N. C., Arthur J. Dixon, Henry J. Karison and R. Granville Curry, Washington, D. C., for plaintiffs.

Victor R. Hansen, Asst. Atty. Gen., James M. Baley, Jr., U. S. Atty., Asheville, N. C., James E. Kilday and Charles R. Esherick, Attys., Dept. of Justice, Washington, D. C., for defendant United States.

Robert W. Ginnane, Gen. Counsel, B. Franklin Taylor, Jr., Asst. Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.

A. K. McIntyre, Erwin, Tenn., J. P. Fishwick, Roanoke, Va., R. B. Gwathmey, Wilmington, N. C., James W. Hoeland, Louisville, Ky., for intervenors, defendants.

Before PARKER, Chief Judge, HAYNSWORTH, Circuit Judge, and WARLICK, District Judge.

HAYNSWORTH, Circuit Judge.

This action was commenced in the United States District Court for the Western District of North Carolina by the plaintiffs, components of the Southern Railway System, against the United States and the Interstate Commerce Commission to enjoin the enforcement of a decision and order of the Interstate Commerce Commission entered on November 15, 1956, in a proceeding entitled "Carolina, Clinchfield and Ohio Railway v. Southern Railway Company...

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